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TRIPS, WTO and IPR: Prevailing Issues and Emerging Trendshttp://nopr.niscair.res.in/handle/123456789/9069
Title: TRIPS, WTO and IPR: Prevailing Issues and Emerging Trends
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<br/>Authors: Nair, M D
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<br/>Abstract: The World Trade Organization (WTO) was set up in 1995 and has been the custodian of all matters related to the implementation of the TRIPS Agreement endorsed by the 152 member countries. WTO is therefore the most important body which monitors and influences working of global intellectual property rights protection in all the member countries. This issue discusses about prevailing issues and emerging trends.
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<br/>Page(s): 235-237<link rel="File-List" href="file:///C:%5CDOCUME%7E1%5Ccharu%5CLOCALS%7E1%5CTemp%5Cmsohtml1%5C01%5Cclip_filelist.xml"> Legal Protection of Geographical Indications in Jammu and Kashmir─A Case Study of Kashmiri Handicraftshttp://nopr.niscair.res.in/handle/123456789/9068
Title: <link rel="File-List" href="file:///C:%5CDOCUME%7E1%5Ccharu%5CLOCALS%7E1%5CTemp%5Cmsohtml1%5C01%5Cclip_filelist.xml"> Legal Protection of Geographical Indications in Jammu and Kashmir─A Case Study of Kashmiri Handicrafts
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<br/>Authors: Mir, Farooq Ahmad; Ain, Farutal
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<br/>Abstract: <link rel="File-List" href="file:///C:%5CDOCUME%7E1%5Ccharu%5CLOCALS%7E1%5CTemp%5Cmsohtml1%5C01%5Cclip_filelist.xml"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="PlaceType"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="PlaceName"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place">
The location of the State of Jammu and Kashmir represents a
confluence where East, West, Central and South Asia meet which has provided an
opportunity for the convergence of Hellenistic, Sinic, Iranian and Indian
thought and culture. The geographical location of the valley of Kashmir
has made it an ideal location for handicrafts because local people prefer to
stay indoors due to long winters.
This paper
discusses different geographical indications which could be considered for
registration in the light of statistical figures of revenue generated by such
handicrafts. It also discusses lack of adequate governmental support to
mobilize local human resource to take up handicrafts on professional lines for
self employment which could ease the burden on the government resources to
provide jobs to educated youth which is a perennial problem for the State of
Jammu and Kashmir due to the lack of investment by the corporate sector and
income generating units in the State. The paper points out some loopholes in
the GI Act which could impede registration of geographical indications or could
unjustly help traders of geographical indications to exploit ignorance of its
true owners. It has been also argued that the traditional knowledge relating to
handicrafts which is left un-protected should be protected by some <i>sui</i> <i>generis</i>
system to suit the needs of the local craftsmen. <b style=""></b>
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<br/>Page(s): 220-227Nanotechnology Patents as R&D Indicators for Disease Management Strategies in Agriculturehttp://nopr.niscair.res.in/handle/123456789/9067
Title: Nanotechnology Patents as R&D Indicators for Disease Management Strategies in Agriculture
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<br/>Authors: R, Kalpana Sastry; Rashmi, H B; Rao, N H
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<br/>Abstract: <link rel="File-List" href="file:///C:%5CDOCUME%7E1%5Ccharu%5CLOCALS%7E1%5CTemp%5Cmsohtml1%5C01%5Cclip_filelist.xml"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="country-region"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place">
Nanotechnology has immense potential for the
development of more precise and effective methods for disease diagnosis and
treatment in plants and animals. The pan industrial nature of this technology
continues to attract all stakeholders involved in issues of diseases management
in agriculture. Current
investments using nanotechnology in disease diagnostics and drug delivery in India
are on the rise. If these are to be profitable, it is essential that transfer processes of nanotechnologies
in this sector against the patent portfolios are well understood for developing
sound policies and for commercialization. The objective of the present study is to assess the trend
of patents of this multifaceted technology and its applications in this sector
from the databases such as EPO, USPTO, Delphion and Micropatent.
Patent analysis includes bibliographic analysis of the patent timeline such as
publication year and priority year, country, main IPC and assignee of the
patents and technological analysis of nanoresearch areas and their potential
applications in disease management. The study illustrates the potential of
patents as indicators of technology to develop a framework for knowledge
mapping.
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<br/>Page(s): 197-205Patent Linkage in India: Current Scenario and Need for Deliberationhttp://nopr.niscair.res.in/handle/123456789/9066
Title: Patent Linkage in India: Current Scenario and Need for Deliberation
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<br/>Authors: Mittal, Anshul
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<br/>Abstract: <link rel="File-List" href="file:///C:%5CDOCUME%7E1%5Ccharu%5CLOCALS%7E1%5CTemp%5Cmsohtml1%5C01%5Cclip_filelist.xml"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="country-region"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place">
The system of
‘patent linkage’ refers to the practice of linking drug marketing approval to
the status of the patent of the originator’s product. It directly affects the
entry of generic drugs into the market. The article analyses patent linkage in
different jurisdictions and finds out whether such a system can be read into
existing Indian laws. It also discusses various judicial pronouncements and
pertinent legislations to trace the history and scope of patent linkage in India. The
Delhi High Court judgment, in <i style="">Bayer Corporation and Others </i>v<i style="">
Cipla, Union of India (UOI) and Others</i><sup>1</sup><i style="">, </i>which held
that patent linkage cannot be read into existing Indian provisions, has been
discussed in detail. This article tries to highlight the reasons as to why such
a system should, or should not, be introduced in India.
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<br/>Page(s): 187-196